Page:The Laws and Acts of Parliament of Scotland.djvu/457

XXII PARLIAMENT. XXVIII. of June , i6i 7 43 $ faids cautioners , without production of the principal Bands given to the faid Meflenger , receiver of the cau- tion : which Band, if any were taken , remaines in the hands of the Meflenger , and is either lofled by negli- gence, or abfented by malice , whereby the party is altogether prejudged of his action , which he had againft the Cautioner , who was found for looting of the Arreflment : For remedy whereof , OUR Soveraigne LORD with ad vice and confent of the Eftates of Parliament, ftatutes and ordains , that all Bils and Sup- plications for loofing of arreftments , which fliall be pad and delivered by the Lords of Councel in time corn- mine , ihall be paft upon caution te be found in their Books , and ordaines the Clerk of the Bils to receive the faid caution before the giving out of the fame, forraifing of Letters thereupon: and if any arreftments be othervvifeloofed, the fame to be null, and ineffectual. ACT XVIII. Anent the keeping of Forrefls. OUR SOVERAIGNE LORD confidering that the Forrefls within this Realme,in the which Deer are kept, are altogether wafted and decayed , by Shiellings, paftouring of Horfes , Mares , Cattel, Oxen and other Beftial , cutting of Woods within the bounds of the faids Forrefls, fhootingand flaying of Deer ' Venifon , and wilde Fowles , withHagbuts, and with Dogs in forbidden time. And albeit there hath been divers and fundry loveable A&s , Lawes , and Statutes made for puniihing the tranfgreflburs of the fame Acts , yet the fame have not been put to due execution in time bygone. In reipecl the keepers of the faids Forrefls , under his Majefty , and others having right thereto, by vertue of their Infeftments had no power norjuri'fdiclion to punifh the faids tranfgreflburs. Therefore OUR Soveraigne LORD,withad- yice of the Eftates of this Parliament , wils and ordains in all time comming, that the keepers of the faids For- refls, and others, having right by their Infeftments , as faid is, lhall have full power , priviledge, and ju- rifdiciion, to call', conveene and purfue before them , whatfoever perfon or perfons , that ihall be found hereafter to tranfgrefle the faids Acts and Statutes, fit, and hold Courts thcreanent , and to put them to the tryal of an inqueift : And being found guilty , to put the faids Acts to full execution in their contrair , after the forme and tennout thereof in all points : to wit , the flayers and mooters of Deer , Rae , and Wilde- Fowls, being Landed- men, under the pain offivehundreth marks, and every unlanded-man , being refponfible, under the paine of one hundreth marks, and if he be not refponfible, under the pain of warding and punifh- ment of his perfon, conforme to the former Acts made thereanent: and the owners and in-putters of the goods and Beftial , within the faids Forrefls , and cutters of Wood , under the paines contained in the former A&s made thereanent , and conforme to the provifion of the fame Acts. o; ACT XIX. Anent 'Doucats. ,UR SOVERAIGNE LORD with advice and confent of the Eftates of this prefent Parliament, confidering the great inconvenients fuftained by the Lieges of this Realm, through the frequentbuilding |of Doucats, by all manner of perfons, in all the parts thereof , ftatutes, declares, and ordaines , that here- ifter no perfon nor perfons, mall have power , libertie, nor priviledge , to build a Doucat upon any Lands within this Realme , neither within Burgh , nor in the Countrey , except that perfon, builder of the Dou- Icate, have lands and teinds pertaining to him, extending in yearly Rent to ten Chalders Victual , next ad- jacent to the faid Doucare, at the leaft lying within two miles to the fame : And als declares , that it fliall piowife be lawful to the perfon forefaid , worth in yearly rent the forefaids ten Chalders Victual , to build moe | Doucates upon , and within the bounds forefaids , except one Doucat onely. ACT XX. Anent the pmijhment of 'Drunkards. T Isftatute and ordained by OUR SOVERAIGNE LORD with advice and confent of the fi- liates of Parliament, for the reftraint of the vile and deteftable Vice of Drunkennefle daily increafing, to the high difhonour of GOD, and great harme of the whole Realme, That all perfons, lawfully convict of Drunkennefle , or of haunting of Taverns and Ale-houfes, after ten hours at night , or anytime of the [day, except in time of travel , or for ordinary refrefhments ; fliall tor the firft fault pay three pounds, orin- |cafe of inability , orrefufal, to be put injoggesor Jayle for the fpace of fixhoures: for the fecond fault to jpay five pounds , orincafe of inability or refufal , to be kept in Stocks or Jayle, for the fpace of twelve houres: and for the third fault to pay ten pounds, or incafe forefaid , to be kept in Stocks or Jayle , for the ifpace of twenty fonrehoures: and thereafter , if they tranfgrefle , to be committed to Jayle , till they find caution for their good behaviour in time comming. And for better execution of thefe prefents , fpecial power, authority, and commiflion is given , granted, and committed to all Sherifs , Stewards, Provefts , and Bailies, Juftices of Peace, and Kirk Seflions, within every Parifh , to call, conveen and try the forefaids perfons